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(영문) 의정부지방법원 2019.03.07 2018고단3495

특수폭행

Text

A defendant shall be punished by imprisonment for one year.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 17:50 on August 11, 2018, the Defendant, while drunk in a cafeteria “C” restaurant located in the Guro B, committed assault by: (a) the victim D(46 years of age) and Si expenses were under the influence of alcohol; (b) the Defendant collected the brick, which is a dangerous object in front of the place of the said restaurant, in his hand, and b) the head part of the said victim’s body was cut down once.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement of D and E;

1. Application of the relevant Acts and subordinate statutes on photographic materials;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Articles 261 and 260 (1) of the Criminal Act which choose a penalty;

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (including the following favorable circumstances):

1. The scope of applicable sentences under law: Imprisonment for one month to five years; and

2. Scope of recommendations on the sentencing criteria: Imprisonment with prison labor for up to four months and up to one year and up to October (the scope of recommendations) for the crimes of assault and special violence; the basic area (over April to one year) (over the period of 4 months and 10 months).

3. Determination of sentence: The same sentence as the sentence shall be determined in comprehensive consideration of the conditions of sentencing as shown in the records, such as one year of imprisonment, two years of suspended sentence, and the ages, occupations, character and conduct, family relations of the accused, and circumstances before and after the commission of the crime.

Conditions disadvantageous: The nature of the crime is not good, and the circumstances favorable to the fact that there are many kinds of violences: The confession of the crime in this case